South Africans Urged to Participate in Public Consultation on Key Legislative Reforms
Cape Town, The Gulf Observer: South Africans have been urged to participate in the public consultation process on several proposed pieces of legislation aimed at addressing illegal mining, strengthening the legal profession, improving the regulation of trusts and replacing outdated laws governing conspiracy and incitement to commit offences.
Justice and Constitutional Development Minister Mmamoloko Kubayi outlined the proposed legislative measures during a media briefing on Tuesday, highlighting the General (Mining) Laws Amendment Bill 2026, the Legal Practice Amendment Bill 2026, the Regulation of Trusts Bill and the Conspiracy, Instigation and Incitement to Commit Offence Bill 2026.
The first three bills have been released for public comment, while the Conspiracy, Instigation and Incitement to Commit Offence Bill will proceed to Parliament for processing and adoption.
Regarding the General (Mining) Laws Amendment Bill, Kubayi said the proposed legislation is intended to strengthen the fight against illicit mining, particularly activities associated with illegal mining groups commonly known as “Zama Zamas”. She clarified that the bill is not intended to penalise artisanal miners operating legally under valid permits.
The proposed amendments seek to introduce offences and stronger penalties related to illegal prospecting and mining. Among the measures is a significant increase in penalties under the Diamonds Act, including fines of up to R100 million and imprisonment of up to 30 years for specified offences.
The Legal Practice Amendment Bill 2026 seeks to amend the Legal Practice Act of 2014, with the aim of enhancing the skills and accessibility of legal practitioners, improving access to justice and addressing practical challenges affecting the legal profession.
The Regulation of Trusts Bill seeks to modernise South Africa’s trust legislation, which has not undergone a comprehensive review in 38 years. The proposed reforms are intended to strengthen trustee accountability, improve transparency, enhance oversight by the Master of the High Court and protect beneficiaries, while also addressing risks associated with money laundering and other criminal activities.
Meanwhile, the Conspiracy, Instigation and Incitement to Commit Offence Bill 2026 proposes the repeal of the 70-year-old Riotous Assemblies Act of 1956, legislation dating back to the apartheid era. The new bill would establish offences relating to conspiring, instigating or inciting another person to commit a serious offence.
Minister Kubayi called on civil society organisations, businesses, labour representatives and members of the public to participate actively in the consultation process and submit their views on the proposed legislation.
She stressed that regular review and reform of legislation is essential to ensure that laws remain fair, effective and responsive to changing social, technological and economic circumstances.
The closing date for public submissions on the bills released for comment is September 11, 2026.
